Terms and conditions

Definitions

 

“Il Sandalo Srl”, “we” and “our / a / i / e” refer to Il Sandalo Srl, a limited liability company subject to the laws of the Italian State and with registered office in Piazza dei Martiri, 30, Naples, VAT number: 08482401216.

“User”, “you”, “your” and similar terms, both in the singular and in the plural, refer to you as a customer or potential user who intends to use our website.

“Website”, “Site”, “Platform” or similar terms refer to the following web address: www.tesorone.it.

 

Art. 1. – Introduction

 

  1. The following terms and conditions – and subsequent amendments – apply to all our services and / or products made available online, directly or indirectly, via any desktop or mobile device. By accessing our website, visiting it, using it and / or making any purchase, you declare that you have read, understood and accepted the terms and conditions set out below (including the information on privacy and cookies).

 

  1. Through the use of our website (eg by making any purchase), you will establish, with us, a real contractual relationship (binding in legal terms).

 

  1. This contractual relationship is concluded in Italian, and is governed by Italian law, including Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), and subsequent amendments and additions, and the Legislative Decree 9 April 2003, n. 70 amended by Legislative Decree. n. 21/2014, by Legislative Decree. n. 70/2003 on electronic commerce and the EU Regulation 2018/302 of the European Parliament and of the Council containing the discipline of electronic commerce.

 

  1. We periodically change our terms and conditions so that we can adapt to continuous legal and technological innovations, therefore, we recommend that you check this document regularly.

 

Art. 2. – Registration and creation of an account

 

  1. To use all the services offered by our site, it is necessary to register. Registration is completely free. Il Sandalo S.r.l. does not authorize any person to register if that person is unable to enter into legally binding contracts.

 

  1. Users must register by providing, in a truthful and complete manner, all the data requested in the relevant “registration form” and fully accept the privacy and cookie policy, these general conditions and the sending of the newsletter. The User has the responsibility of guarding and keeping their login credentials confidential.

 

  1. It is understood that under no circumstances could we be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.

 

  1. Upon successful completion of the registration process, the Customer obtains a user account for full use of the website, as well as full access to the services offered by the same (an “Account”).

 

  1. At any time, registered Users can deactivate their accounts, request their cancellation or stop using the website at any time, through the interface in the “Your Account” section of the website or by contacting our support service directly.

 

  1. You understand and agree that even if you deactivate your Account, some data may be retained. You acknowledge and accept that the data relating to the operations carried out by you on our website may have been transmitted to other sites, or mobile application and remain on such other sites / apps, for example Google, if Google’s search engine technology has copied content from our website. For more information on your privacy rights (such as cancellation or access), consult the Privacy and Cookie Policy document.

 

  1. We reserve the right to suspend and / or cancel your User account at any time and without notice if we believe that:

 

  • The user has violated these terms and conditions;
  • the use of this website by the User may result in a violation of the law or applicable regulations;
  • the user’s account is deemed, in our sole discretion, inappropriate or offensive.

 

Art. 3. – Conditions of sale

 

  1. Each order placed constitutes an offer for the purchase of products. Orders are subject to availability and discretionary acceptance by us.

 

  1. The User, after carefully checking the information contained in the order summary, must select the products and complete the check-out. The order is made by confirming it and is subject to payment of the price, taxes and shipping costs as specifically indicated in the appropriate Order Summary form.

 

  1. Il Sandalo S.r.l. will process the purchase order, and therefore will ship the purchased Product only after receiving confirmation of payment of the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other any additional cost. In the event that the Total Amount Due is not paid, or the successful outcome of the payment is not confirmed, the purchase contract will be deemed terminated by law pursuant to and for the purposes of art. 1456 cc. Of this resolution and the consequent cancellation of the order, the user will be notified immediately after the transmission of the order, through the Website, or by sending a communication to the e-mail address provided by the User .

 

  1. The “Order processing receipt” does not constitute acceptance of the order. The conclusion of the contract takes place when the “Order Confirmation” is sent by us to the e-mail address provided by the User. We reserve the right not to confirm an order, by communicating to the User within 5 working days of placing the order, at the e-mail address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case we will refund the price and shipping costs incurred by the User.

 

  1. The Order is executed within the terms specified in the summary page, or in the Order Confirmation email, subject to the availability of the ordered product. We cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on foreseeable circumstances at the time of sending the Order Confirmation.

 

Art. 4. – Prices

 

  1. The prices are all expressed in Euros and are inclusive of VAT.

 

  1. The shipping costs of the purchased products can be of a fixed or variable amount, calculated based on the weight, number of items selected and / or the destination of the goods. Shipping costs may also be included in the sale price of some items or be free in the event that the total amount of the order is greater than a certain value or following a specific promotion.

 

  1. However, the User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment.

 

Art. 5. – Methods of payment

 

  1. We accept the following payment methods: credit card (Visa, Mastercard and American Express) and Paypal. Unless otherwise indicated and / or communication, no other payment method will be accepted.

 

  1. In the case of purchases by credit card (Visa, Mastercard or American Express), this website uses third-party tools for processing payments and does not in any way come into contact with payment data – such as those relating to the credit card. – provided. Any costs for managing payments from the User that are not accepted will be charged to the User.

 

  1. In case of payment through a PayPal account, during the purchase, this website will store an identification code associated with the customer’s PayPal account, which authorizes this website to be used exclusively for future purchases. It is possible to revoke the aforementioned authorization at any time, through the interface of this website or by contacting the Owner directly.

 

  1. Until full payment of the price of the products ordered, as well as receipt of the order confirmation, the products remain the property of Il Sandalo S.r.l ..

 

Art. 6. – Availability of products

 

  1. The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products.

 

  1. We strive to describe the characteristics of the products with the greatest degree of detail possible. However, the images and colors of the products offered for sale on this website may differ from the real ones due to multiple factors including, but not limited to, the User’s terminal monitor, photographic filters, etc. Therefore, you acknowledge and accept that any minor differences do not constitute a lack of conformity of the products.

 

  1. The products offered on our website are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

 

  1. Therefore, once the order request has been received, we reserve the right to reconfirm the availability of the items purchased, the validity of the transaction by credit card and to check the details of previous transactions made by the User on our website. In case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract. In the event that the user makes use of the right of termination, we undertake to reimburse the amount paid without undue delay and, in any case, within a maximum period of 14 working days from sending the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.

 

  1. In the case of orders concerning a plurality of Products (“Multiple Order”), if the unavailability concerns only some of the Products covered by the Multiple Order (without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding Article 7.2, if the unavailability concerns all the Products subject to the order) the User will be immediately informed by e- mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product (s) that have become unavailable / in compliance with the provisions of the Consumer Code. In the event that the user makes use of the right of termination in relation to the Product (s) that have become unavailable or in any case in which the payment of the total amount due has already occurred, we undertake to carry out the refund of the amount due in relation to such Product / s within the maximum term of 14 working days from the completion of the shipment. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.

 

  1. In any case, the value date will be the same as the debit. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.

 

Art. 7. – Delivery methods

 

  1. The shipping of products purchased on our website is free.

 

  1. For the shipment and delivery of the products purchased on our website we rely on the following carrier: GLS. The courier, at the time of delivery, is not required to contact the User or deliver the product / s purchased on the “plan”.

 

  1. The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.

 

  1. It is up to the user to check the conditions of the Product that was delivered to him / that he has withdrawn. The risk of loss or damage to the Products, for reasons not attributable to Il Sandalo S.r.l. it is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product. The user is advised to check the number of Products received and that the packaging is intact, not damaged or in any case altered and is invited, in his interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve.

 

  1. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

 

  1. The Products purchased on our website will be sent and delivered to the address indicated by the user when ordering. Home Delivery will be made, unless otherwise indicated, by the courier on the days indicated on the site. We reserve the right to use other carriers, subject to compliance with the delivery method chosen by the user and the delivery terms indicated.

 

  1. Upon delivery of the Products to the courier, an e-mail confirming the shipment will be sent to the user in which the tracking number will be indicated through which he can check the status of the shipment, or in case of non-receipt of the e-mail with tracking you can contact our customer service for assistance. This e-mail will also contain the indications relating to the delivery procedure, the deadline for collection in case of non-delivery due to the absence of the recipient and the consequences of failure to collect within the indicated deadline.

 

  1. The user acknowledges that the withdrawal of the Product is a specific obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called passage notice). The card will indicate the telephone number that the user must contact to request that the courier make a second delivery attempt. After two unsuccessful delivery attempts, the package will go “in stock”.

 

  1. In case of failure to collect within the deadline set by the courier, the products will be returned to Il Sandalo Srl, which will refund the price of the products, but not the shipping cost and any additional costs incurred (e.g. commission in case of cash on delivery , ect.). We cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the courier, where the latter has been chosen and appointed by the ‘User or for delays in delivery attributable to the latter.

Art. 8 – Intellectual property

 

  1. The website as a whole, the products sold on the website and their packaging, and all elements that can be found on the website (such as trademarks, logos, designs, shapes and models, illustrations, photos, texts, animations, videograms , phonograms, software, source codes and databases) are the exclusive property of Il Sandalo Srl or of the owners of the intellectual property rights of the item in question. All these elements are protected by Copyright, trademark law, industrial design right, patent law and sui generis rights.
    1. Any reproduction, communication, download, modification or partial and total use of these elements belonging to Il Sandalo S.r.l. or to third parties, for any purpose or by any means of communication, requires the written authorization of Il Sandalo S.r.l. or the respective holders of intellectual property rights, except in cases where it is authorized by law. The Customer declares and warrants that he has been informed that failure to comply with any of these obligations will expose him to civil action and / or criminal proceedings.

 

  1. Customers are allowed to download, view or print individual pages / parts of the website as a counter-proof of any agreements with Il Sandalo S.r.l. and in order to keep a copy of their purchases and / or orders made.

 

Art. 9 – Customer service and complaints

 

  1. It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

 

  • by filling in and sending the form available in the Customer Service-Contact us section of the Site;
  • by e-mail: support@tesorone.it
  • by phone at: +39 0817283524 active from Monday to Friday from 9:00 to 18:00.

 

  1. By contacting our customer service and complaints you will get in touch with one of our consultants, who will be happy to satisfy all your requests and resolve, where possible, any problems and / or complaints.

 

  1. The consultant in charge may ask you to provide him with some personal data (e.g. your e-mail address, possibly your name and telephone number) in order to answer your questions and dispel your doubts. This information is necessary to provide us with context and improve the handling of your request.

 

  1. For any doubts concerning the processing of your personal data in this context, please consult our privacy policy.

 

Art. 10 – Right of withdrawal

 

  1. The user who acts as a consumer has the right to withdraw from the contract concluded with Il Sandalo S.r.l., without having to specify the reason, within fourteen (14) days (Withdrawal Period). The User therefore undertakes to return the order made in accordance with the methods indicated on the website no later than 14 days from the date of the withdrawal request. Once this deadline has expired, the return will not be accepted.

 

  1. The Withdrawal Period expires after 14 days:
  • in the case of an order relating to a single Product: from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
  • in the case of a Multiple Order with separate deliveries: from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
  • in the case of an order for the delivery of a Product consisting of multiple lots or pieces: from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

 

  1. The right of withdrawal cannot be exercised in the following cases:
  • The right of withdrawal does not apply to tailor-made or clearly personalized products (eg made-to-measure sandals, sandals produced on explicit instructions from the User, etc …) (Article 59 of Legislative Decree 206/2005);
  • The right of withdrawal cannot be exercised by natural and / or legal persons who purchase with VAT for commercial purposes as the discipline of the right of withdrawal applies limited to the figure of the consumer as provided and governed by the Consumer Code.

 

  1. To exercise the right of withdrawal in relation to an Order placed, the user must inform Il Sandalo S.r.l. of your decision to withdraw, before the expiry of the Withdrawal Period. To make the request, simply contact customer service and indicate the order number and / or the order confirmation email. You can complete the return request by indicating the reason for the return and any additional notes. At the end of the procedure, the customer can send the package containing the purchased product including all the material accompanying it (free products, bundles, etc.) to the address communicated.

 

  1. The user, after having exercised the right of withdrawal in the manner indicated in articles 10.1, 10.2 and 10.4 above, must return the Product to Il Sandalo Srl. The return of the Product takes place under the responsibility of the user and the shipping and delivery costs will be borne by Il Sandalo Srl. It is understood that Il Sandalo Srl will not reimburse the goods subject to withdrawal, if it does not receive the relative delivery.

 

  1. If the user withdraws from the contract within the time and in the manner indicated, we will refund the amount paid by the user for the Product no later than the next 14 working days from the day of delivery of the products to our warehouses. Everything is subject to verification of the integrity of the Product. The refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; it remains intense that Il Sandalo S.r.l. will retain the costs incurred for shipping (even if free shipping was provided) and / or additional additional costs (eg. cash on delivery costs, storage costs or additional courier services where required Shipping by appointment, delivery to the floor etc ..).

 

  1. If the user makes use of the right of withdrawal, the security seal on the Product must not be cut or broken (the original packaging must necessarily appear as not worn and intact of all their parts). The Product must not have been opened or altered and must not show any signs of use. The returned product must be returned in the state in which it was delivered.

 

  1. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, as well as these provisions and procedures, it will not result in the termination of the contract and, consequently, will not give the right to any refund. We therefore reserve the right to refuse the goods received in the event of non-compliance with the above procedure.

Art. 11 – Disclaimer of liability

 

  1. Without prejudice to the limitations and clarifications indicated in the hypotheses provided for by these terms and conditions and to the extent permitted by law, we will be held liable only for direct and immediate damages actually suffered, paid or to which we have encountered, due to a failure to comply with the our obligations in respect of the services that we should have performed. The compensation may go up to the total amount of the cost of the products purchased on our website.
  2. The Customer, as a consumer, has certain rights. Nothing in these Terms and Conditions may influence, limit, or circumvent, in any way, the legal rights of Customers.

Art. 12 – Privacy and cookies

 

  1. We always respect your privacy. See our privacy and cookie policies for more information.

 

Art. 13 – Applicable law, jurisdiction of belonging and dispute resolution

 

  1. These terms and conditions, as well as the provision of our services, will be governed and interpreted in accordance with Italian law. Any dispute arising from these general terms and conditions and our services must be submitted exclusively to the competent courts of Naples, Italy.

 

  1. Notwithstanding the aforementioned jurisdiction clause, a consumer can also appeal for the enforcement of the Mandatory Provisions relating to the specific case in a court of the country in which he is domiciled, while an appeal against a consumer can only be lodged before the judges of the country in which he is domiciled. For consumers in the European Economic Area: If you have any complaints, we recommend that you contact our Customer Service first.

 

  1. The original Italian text of these Terms and Conditions may have been translated into other languages. The translated version is unofficial and for illustrative purposes only, therefore without legal value. In the event of disputes or inconsistencies or discrepancies between the Italian text and the translations into other languages ​​of these Terms and Conditions, the Italian text will prevail and will be the final version. The Italian text is available on our Platform, or will be sent upon written request.

 

  1. In the event that any of the clauses of these Terms and Conditions are invalid, become invalid, or become non-binding, you will continue to abide by all other clauses set forth herein. In this case we will replace the aforementioned clause with a clause that is valid and binding, that has an effect as similar as possible to the one replaced and that you undertake to accept in compliance with the contents and purposes of these Terms and Conditions.

 

Art. 14 – Information on Il Sandalo S.r.l.

 

  1. The website is owned and managed directly by Il Sandalo S.r.l., a limited liability company subject to the laws of the Italian State and with registered office in Piazza dei Martiri, 30, Naples, VAT number: 08482401216.